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(영문) 부산지방법원 동부지원 2014.05.14 2014고단438
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On March 20, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed three times with a mountain (weight 90cm in length) holding the rear part of the victim who is operating the said vehicle while getting off or getting off the D personal taxi operated by the victim C (year 52) on the front of the Busan bank located in the Southern-gu Busan Metropolitan City, Busan Metropolitan City. After getting on the front part of the Busan Metropolitan City, the Defendant considered that the victim would drive the taxi bypassing the destination in relation to the taxi route of the defendant's residence, and reached three times with a mountain (weight 90cm in length) holding the rear part of the victim who is operating the said vehicle.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. On March 20, 2014, the Defendant: (a) around 16:50 on the road in front of the Masaambaro 170, Nam-gu, Busan, the Defendant left the victim who was entering the police box to report for the foregoing reason; (b) the part of the victim’s face knife knife knife knife knife knife knife knife knife knife knife.

As a result, the defendant tried to open the victim's face value without treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act and the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., the reflection of the suspension of execution, the degree of injury, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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